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2024 Supreme(J&K) 53

JAVED IQBAL WANI
Rachna Gupta – Appellant
Versus
Parmodh Baru, S/o Sh. Om Parkash Baru – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. M. L. Gupta, Advocate
For the Respondent:Mr. M. K. Bhardwaj, Sr. Advocate with Mr. Ajay Vaid, Advocate

ORDER :

1. Supervisory Jurisdiction of this Court enshrined under Article 227 of the Constitution, is being invoked by the petitioner herein for setting aside of order dated 13.02.2024 (for short “the impugned order”) passed by the Court of Principal District Judge, Jammu (for short “the Trial Court”) in suit titled as “Dr. Parmodh Baru and another Vs Smt. Rachna Gupta.”

2. Facts emerging from the record would reveal that the plaintiffs/respondents herein instituted a suit under Section 6 of the Specific Relief Act, 1963 seeking possession of a plot of land measuring 1 kanal 3 marlas and 7l sq.ft comprising under Khasra No. 202 min, khewat No. 101 min and Khata No. 127 min along with a residential house constructed thereon situated at Rani Park Jammu (for short “the suit property”).

The suit supra was maintained on the premise that the suit property fell into the share of one Prem Parkash, his two sisters and mother, which Prem Parkash shifted to Sweden in 1962 and that the father of the plaintiffs/ respondents herein took over the possession of the suit property after the departure of the said Prem Parkash from India and his settlement in Sweden and the property remained in exclusi

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